NOTICE SPECIAL MEETING OF COUNCIL Tuesday, November 20 th , 2018 5 Minutes after Municipal Services Committee Meeting TOWN HALL COUNCIL CHAMBERS NATURE OF MEETING The purpose of this meeting is for the following: 1. CALL TO ORDER 2. ADOPTION OF AGENDA 3. DECLARATION OF INTEREST 4. NEW BUSINESS a) Election of Deputy Mayor b) Meeting Change Date c) Snow Removal Tender Award d) Janitorial Contract Award e) Zoning of Pavilion f) Dean Drive Electrical Services g) Smoking Bylaw Amendment and Cannabis 6. IN CAMERA a) Matter under consideration - pursuant to Cities, Towns & Villages Act, S.N.W.T. 2003 c. 22, Section 23. (3), (e) 7. ADJOURNMENT Pursuant to the Cities, Town and Villages Act, S.N.W.T. 2003, c. 22, Section 27 (1), Mayor Jameson has called a Special Meeting of Council. Dated at the Town of Hay River this 16 th day of November 2018. Judy Goucher Senior Administrative Officer
Transcript
NOTICE
SPECIAL MEETING OF COUNCIL
Tuesday, November 20th, 2018
5 Minutes after Municipal Services Committee Meeting
TOWN HALL COUNCIL CHAMBERS
NATURE OF MEETING The purpose of this meeting is for the following:
1. CALL TO ORDER 2. ADOPTION OF AGENDA 3. DECLARATION OF INTEREST 4. NEW BUSINESS
a) Election of Deputy Mayor b) Meeting Change Date c) Snow Removal Tender Award d) Janitorial Contract Award e) Zoning of Pavilion f) Dean Drive Electrical Services g) Smoking Bylaw Amendment and Cannabis
6. IN CAMERA
a) Matter under consideration - pursuant to Cities, Towns & Villages Act, S.N.W.T. 2003 c. 22, Section 23. (3), (e)
7 . ADJOURNMENT
Pursuant to the Cities, Town and Villages Act, S.N.W.T. 2003, c. 22, Section 27 (1), Mayor Jameson has called a Special Meeting of Council. Dated at the Town of Hay River this 16th day of November 2018. Judy Goucher Senior Administrative Officer
MEMORANDUM TO: Judy Goucher –Senior Administrative Officer FROM: Mayor Jameson DATE: Thursday, November 15th, 2018 RE: SPECIAL MEETING OF COUNCIL Pursuant to Section 27 (1) of the Cities, Towns and Villages Act, we have called a Special Meeting of Town Council to be held on:
Tuesday, November 20th, 2018
5 Minutes after Municipal Services Committee Meeting
TOWN HALL COUNCIL CHAMBERS
The purpose of this meeting is for the following:
1. CALL TO ORDER 2. ADOPTION OF AGENDA 3. DECLARATION OF INTEREST 4. NEW BUSINESS
a) Election of Deputy Mayor b) Meeting Change Date c) Snow Removal Tender Award d) Janitorial Contract Award e) Zoning of Pavilion f) Dean Drive Electrical Services g) Smoking Bylaw Amendment and Cannabis
6. IN CAMERA
a) Matter under consideration - pursuant to Cities, Towns & Villages Act, S.N.W.T. 2003 c. 22, Section 23. (3), (e)
7 . ADJOURNMENT
Pursuant to the Cities, Town and Villages Act, S.N.W.T. 2003, c. 22, Section 27(1), Mayor Jameson has called a Special Meeting of Council. Dated at the Town of Hay River this 16th day of November 2018. Mayor Kandis Jameson
TOWN OF HAY RIVER November 20th, 2018 SPECIAL MEETING OF COUNCIL 5 minutes after Municipal Services Committee
AGENDA
1. CALL TO ORDER 2. ADOPTION OF AGENDA 3. DECLARATION OF INTEREST 4. NEW BUSINESS
a) Election of Deputy Mayor b) Meeting Change Date c) Snow Removal Tender Award d) Janitorial Contract Award e) Zoning of Pavilion f) Dean Drive Electrical Services g) Smoking Bylaw Amendment and Cannabis
6. IN CAMERA
a) Matter under consideration - pursuant to Cities, Towns & Villages Act, S.N.W.T. 2003 c. 22, Section 23. (3), (e)
7 . ADJOURNMENT
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REPORT TO COUNCIL
DEPARTMENT: ADMINISTRATION DATE: November 20th, 2018 SUBJECT: APPOINTMENT OF DEPUTY MAYOR
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RECOMMENDATION: THAT THE COUNCIL OF THE TOWN OF HAY RIVER appoints __________ Deputy Mayor as per the Council Procedure Bylaw# 2285. BACKGROUND: In accordance with the Town of Hay River Council Procedures By-Law and on authority provided by the Cities, Towns and Villages Act, NWT, a Deputy Mayor is appointed by Council on an annual basis. A copy of the relevant legislation is provided below for reference:
Specifically, the current Council Procedures By-Law, No. 2285, Section 6 c) i, states that the Deputy Mayor will be selected from the Members at the first Council Meeting in November of each year. The intention of the Member to stand as Deputy Mayor shall be indicated to the Mayor and Executive Assistant in writing and if two or more Members stand, there will be an election held, voting accomplished by secret ballot. Members interested in putting their names forward to serve as Deputy Mayor should submit their intent in writing no later than noon on Tuesday November 20th. COUNCIL POLICY / STRATEGY OR GOAL: N/A APPLICABLE LEGISLATION, BYLAWS, STUDIES, PLANS:
REPORT TO COUNCIL
DEPARTMENT: ADMINISTRATION DATE: November 20th, 2018 SUBJECT: APPOINTMENT OF DEPUTY MAYOR
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Cities, Towns & Villages Act Bylaw 2285 – Council Procedure Bylaw FINANCIAL IMPLICATIONS: N/A ALTERNATIVES TO RECOMMENDATIONS: N/A ATTACHMENTS: N/A
Prepared by: Reviewed by: Stacey Barnes Judy Goucher Council Administrator SAO Date: November 15th, 2018 Date: November 15th, 2018
REPORT TO COUNCIL
DEPARTMENT: ADMINISTRATION DATE: November 20th, 2018 SUBJECT: COMMITTEE AND COUNCIL MEETINGS DATE CHANGE
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RECOMMENDATION: THAT THE COUNCIL OF THE TOWN OF HAY RIVER approves Monday night at 6:30 pm as the designated time and weekday for meetings to be scheduled during the months of November through April and Tuesday night at 6:30 pm as the designated time and weekday for meetings to be scheduled during the months of May through October. BACKGROUND:
The time designated for Council meetings is important both in terms of outreach to community Members and to accommodate the schedules of Council Members to create as few conflicts as possible. During the summer months, Mondays have typically been busy nights where organized activities take place making it less likely for residents to observe meetings and more likely for Council Members to have conflicting priorities. As a result, Council passed a motion to move meetings to Tuesday nights at 6:30 pm. In the winter, Tuesday nights typically have more scheduled events, making Monday a better choice for both Council Members and residents who wish to observe Council meetings. To accommodate both residents and Council Members it is recommended that the weekday selected for meetings be Tuesday during the summer and Monday during the winter months. A 6:30 pm meeting time is recommended regardless of the day of the meeting to accommodate some sessions that may go later into the evening. COUNCIL POLICY / STRATEGY OR GOAL:
Council Procedures Bylaw 2285/GEN/12 FINANCIAL IMPLICATIONS:
N/A ALTERNATIVES TO RECOMMENDATIONS:
Continue to meet on Tuesday nights or some other weekday during the winter months. ATTACHMENTS:
N/A
REPORT TO COUNCIL
DEPARTMENT: ADMINISTRATION DATE: November 20th, 2018 SUBJECT: COMMITTEE AND COUNCIL MEETINGS DATE CHANGE
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Prepared by: Reviewed by: Stacey Barnes Judy Goucher Council Administrator SAO Date: November 15th, 2018 November 16th, 2018
REPORT TO COUNCIL
DEPARTMENT: Public Works DATE: November 20, 2018 SUBJECT: Sidewalk Snow Removal Tender Award
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RECOMMENDATION: THAT THE COUNCIL OF THE TOWN OF HAY RIVER approves awarding the tender for Sidewalk Snow and Ice Removal to J.D Contracting at the hourly rates provided for 2018/2019. BACKGROUND: 2018/2019 Rates John Deere 3320 Tractor- $65 per hour ATV with Blade- $55 per hour 1 Bidder for 2018/2019 Comparison to 2017/2018 Rates John Deere 3320 Tractor $55 per hour No ATV included in 2017 tender 1 Bidder for 2017/2018 Sidewalk snow removal is part of the overall snow removal expense which experienced higher than anticipated spending in the first part of fiscal 2018 due to higher than average snowfall and extra snow clearing requirements associated with Arctic Winter Games. Additional funds were identified in the second quarter financial forecast to cover the anticipated incremental cost of sidewalk snow clearing through the end of fiscal 2018. COUNCIL POLICY / STRATEGY OR GOAL: To maintain snow and ice-free surface for pedestrians. APPLICABLE LEGISLATION, BYLAWS, STUDIES, PLANS: N/A FINANCIAL IMPLICATIONS: Hourly Rates provided. Second quarter forecast identified sources of funding to cover sidewalk snow clearing to the end of fiscal 2018 due to higher expenses during the first part of the year. ALTERNATIVES TO RECOMMENDATIONS: N/A
REPORT TO COUNCIL
DEPARTMENT: Public Works DATE: November 20, 2018 SUBJECT: Sidewalk Snow Removal Tender Award
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ATTACHMENTS: N/A
Prepared by: Reviewed by:
Earle Dumas Judy Goucher Director, Public Works Senior Administrative Officer November 14, 2018 November 16, 2018
REPORT TO COUNCIL
DEPARTMENT: Recreation and Community Services DATE: November 20, 2018 SUBJECT: Hay River Recreation Centre Janitorial Services
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RECOMMENDATION: THAT THE COUNCIL OF THE TOWN OF HAY RIVER approves the award of the Hay River Recreation Centre Janitorial Services Request for Proposals to Goodwill Cleaning in the amount of $126,000 / year for two years with a three-year extension option. BACKGROUND:
On September 25th, 2018 Council passed a motion (#18-357) for Administration to seek Requests for Proposals for janitorial services for the new recreation centre complex for a term of 2-years with an option to renew for 3 years. One proposal was successfully received through the Request for Proposals in accordance with the Procurement Bylaw No. 1574/GEN/2016. COUNCIL POLICY / STRATEGY OR GOAL:
$60,000 net increase to O&M for 2019. Reduced lifecycle operating costs of the facility. ALTERNATIVES TO RECOMMENDATIONS:
N/A ATTACHMENTS:
N/A
Prepared by: Reviewed by: Glenn Smith Judy Goucher Assistant SAO SAO Date: November 16, 2018 Date: November 16, 2018
REPORT TO COMMITTEE
COMMITTEE: PUBLIC WORKS COMMITTEE DATE: November 20, 2018 DEPARTMENT: PUBLIC WORKS SUBJECT: Application for a Zoning and Building By-Law No. 1812 Amendment
to Re-Zone lot 7, Block F, LTO 39, Hay River.
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RECOMMENDATION: That the Council of the Town of Hay River approves the Re-Zone of Lot 7, Block F, LTO 39, Hay River subject to the following conditions.
a) That all requirements of the Zoning and Building Bylaw are met. b) An amendment to the General Plan and the Zoning Bylaw are required. c) That the Landowners will be responsible for all costs related to the Rezoning
of the Land. BACKGROUND:
The Town has made application requesting authorization to amend the General Plan and the Zoning and Building Bylaw 1812, to re-zone Lot 7, Block F, LTO 39 from the current T - Transportation to P - Parks and Open Space to set up a permanent pavilion to support the annual Pond Hockey Tournament, also the facility will be used to expand the Fisherman’s Wharf and host other recreational activities and events. Town Council approved the new pavilion project on the condition that a minimum of seventy-five percent of the project cost was funded by third parties (government or others). As indicated in the original project approval request, the Town-owned lot by fisherman’s wharf is an ideal location for the pavilion as it will provide access to the river for river-based events and, as the project includes upgrading of the fisherman’s wharf market, the location is ideal for that identified use as well. The lot is currently undeveloped with no permanent structures. The Pavilion will greatly improve the aesthetic appeal of the area as well as create a marketing draw for the community. Support for the project was obtained from the West Channel Heritage Society (fisherman’s wharf management) and the Harbour Authority as well as the Polar Pond Hockey Association. Included in this package is the Letter and Application from The Town of Hay River, proposed development sketches from owner, and the Planners comments from David Klippenstein.
REPORT TO COMMITTEE
COMMITTEE: PUBLIC WORKS COMMITTEE DATE: November 20, 2018 DEPARTMENT: PUBLIC WORKS SUBJECT: Application for a Zoning and Building By-Law No. 1812 Amendment
to Re-Zone lot 7, Block F, LTO 39, Hay River.
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COUNCIL POLICY / STRATEGY OR GOAL:
Develop infrastructure to attract tourism and support local events to support healthy lifestyles and economic activity for the community. APPLICABLE LEGISLATION, BYLAWS, STUDIES, PLANS:
Planning Act R.S.N.W.T. 1988, c.P-7 General Plan Bylaw No. 1811 Zoning & Building Bylaw No. 1812 FINANCIAL IMPLICATIONS:
N/A ALTERNATIVES TO RECOMMENDATIONS:
N/A ATTACHMENTS:
1) Development Permit Application from Town of Hay for Re-Zone of Lot 7, Block F, LTO 39.
2) Sketch showing Lot to be Re-Zoned and proposed pavilion 3) Planner’s comments, David Klippenstein & Associates Ltd.
Prepared by: Reviewed by: Randy Froese Judy Goucher Development Officer Senior Administrative Officer Date: November 15, 2018 Date: November 16, 2018
REPORT TO COUNCIL
DEPARTMENT: Public Works DATE: November 20, 2018 SUBJECT: Dean Dr. Electrical Service
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RECOMMENDATION: THAT THE COUNCIL OF THE TOWN OF HAY RIVER approve the expenditure of $62,000 from the Land Devepment Fund for Northland Utilities to install electrical service along Dean Drive to service available properties. BACKGROUND: The Town has available properties for sale along Dean Dr. that do not have electrical service. These properties are listed as serviced in accordance with Bylaw 2178 Land Administration and requires the Town to have the electrical service installed along the front where there is an established utility easement. This install would also be used for future use when other areas are developed in the Industrial Area. A sale of land bylaw has been approved for one of these lots however the sale cannot be finalized until the services are installed. COUNCIL POLICY / STRATEGY OR GOAL: To ensure available lots are serviced to an acceptable standard before sale. APPLICABLE LEGISLATION, BYLAWS, STUDIES, PLANS: Bylaw # 2178 Land Administration Bylaw FINANCIAL IMPLICATIONS: Land development costs, including electrical services fall within the parameters of the Land Fund. ALTERNATIVES TO RECOMMENDATIONS: N/A ATTACHMENTS: N/A
REPORT TO COUNCIL
DEPARTMENT: Public Works DATE: November 20, 2018 SUBJECT: Dean Dr. Electrical Service
Director of Projects and Planning Senior Administrative Officer November 13, 2018 November 16, 2018
REPORT TO CO MMITTEE
COMMITTEE: MUNICIPAL SERVICES DATE: NOVEMBER 20th, 2018 DEPARTMENT: ADMINISTRATION SUBJECT: DISCUSSION ON SMOKING BYLAW AMENDMENT AND CANNABIS
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RECOMMENDATION: THAT THE COUNCIL OF THE TOWN OF HAY RIVER accepts the report on the Smoking Bylaw amendments as presented. BACKGROUND: On October 23rd, Smoking Bylaw number 2388 received 2 readings by Council, the bylaw then was posted on our website and social media for public feedback. One comment was posted on social media and no comments were received on the Town’s website. The Town’s lawyer has recommended some broader legislative language be added to the beginning of the bylaw which will be incorporated prior to bringing it forward for third and final reading. With the legalization of Cannabis laws are in place at the federal and territorial level that govern many of the legalities for cannabis including minimum age to purchase, possession limits, growing cannabis guidelines, where it can be purchased/sold, where it can be consumed, drug-impaired driving, workplace impairment, enforcement, etc. This web link https://www.eia.gov.nt.ca/en/cannabis provides information that the GNWT has published on cannabis and how it is regulated both federally and territorially. Municipalities also have the option of introducing bylaws that further restrict the use of cannabis within the Municipality and many have elected to do this through an amendment to their smoking bylaw. The Municipality of Hay River, through amending its smoking bylaw can further restrict the use of cannabis within the Municipality. Administration has worked with legal Counsel to prepare an amended smoking bylaw as a recommended approach to addressing cannabis consumption within Municipal boundaries.
REPORT TO CO MMITTEE
COMMITTEE: MUNICIPAL SERVICES DATE: NOVEMBER 20th, 2018 DEPARTMENT: ADMINISTRATION SUBJECT: DISCUSSION ON SMOKING BYLAW AMENDMENT AND CANNABIS
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This bylaw has a broader reach than the existing smoking bylaw, and updates sections of the current bylaw that don’t reflect the regulation of smoking currently in effect (e.g. smoking prohibited in workplaces, restaurants, etc.). Currently, enforcement of cannabis consumption resides with the Environmental Health Officers and enforcement of impairment (outside the workplace) resides with the RCMP. Any proposed amendments to Municipal legislation would be enforced by the Municipal Bylaw Officer. Administration is also drafting a more detailed workplace impairment policy to comply with WSCC requirements which include:
Clear expectations on workers’ responsibility to complete tasks unimpaired;
Training for supervisors and workers on their responsibilities to recognize and respond to an impaired worker.
Attached are two documents that outline who to contact in the event of cannabis complaints and some information around health effects and use of cannabis. COUNCIL POLICY / STRATEGY OR GOAL: N/A APPLICABLE LEGISLATION, BYLAWS, STUDIES, PLANS: FINANCIAL IMPLICATIONS: N/A ALTERNATIVES TO RECOMMENDATIONS: N/A ATTACHMENTS: Bylaw 2388 – Smoking Bylaw Contact Sheet – Cannabis Complaints
REPORT TO CO MMITTEE
COMMITTEE: MUNICIPAL SERVICES DATE: NOVEMBER 20th, 2018 DEPARTMENT: ADMINISTRATION SUBJECT: DISCUSSION ON SMOKING BYLAW AMENDMENT AND CANNABIS
General questions around the rules related to cannabis use and possession can be directed to the Government of the Northwest Territories cannabis website: www.gov.nt.ca/cannabis
Smoking in: • playgrounds and
similar areas frequented by children
• recreational areas like athletic fields, skate parks, rinks, and ball diamonds
• public spaces during community or public events
GNWT – Department of Health and Social Services Position: Environmental Health Officers Regional environmental health officers serve all 33 communities out of offices in Yellowknife, Hay River, and Inuvik
Impairment in the workplace and smoking at worksites
Workers’ Safety and Compensation Commission Position: Safety Officers or Mine Inspectors (at mines)
1-800-661-0792 Alternatively, the general public can use the WSCC’s Report Unsafe Work online tool to report anonymously. Link to online tool is found on main WSCC page - http://www.wscc.nt.ca/
Retail sales complaints NWT Liquor and Cannabis Commission
Hay River Office: (867) 874-8700
Non-compliance with community specific bylaws related to cannabis
Local municipal bylaw office or community government office
Impaired driving (motorized vehicles)
RCMP
Overlimit growing of cannabis
Overlimit possession of cannabis
Underage purchasing, possession, or consumption of cannabis
Illegal selling or purchasing of cannabis
Transportation of open cannabis in motorized vehicles
REMEMBER: JUST BECAUSE CANNABIS IS A PLANT DOESN’T MEAN IT’S HARMLESS.Every resident of the NWT needs to understand the rules around cannabis and how their governments intend to enforce those rules. • The GNWT has developed rules that set out to protect the
health and safety of residents.
• Cannabis is legalized, but, like alcohol and tobacco, it comes with restrictions. Individuals are expected to follow the laws.
• The legal minimum age for cannabis use is 19, similar to the legal drinking age in the NWT.
• There are laws in place that regulate the purchasing, possession, growth and consumption of cannabis.
• The RCMP is the main contact for impaired driving, while the GNWT holds authority over enforcement in most situations.
• To report a violation, visit the GNWT’s website for the appropriate phone numbers.
All residents have a role to play in knowing and following the laws and rules that have been
established.
Visit www.gov.nt.ca/cannabis to learn more about the laws around cannabis in the NWT.
HOW TO STAY SAFE AND WITHIN THE LAW
HEALTH EFFECTSBe aware of the health effects of cannabis and the risks that come with it.
Pregnancy and BreastfeedingCannabis can affect the healthy development of your baby’s brain. THC, the chemical in cannabis that gets you “high” is passed to your baby through the placenta. When you use cannabis, so does your baby.
YouthThe brain is developing until about age 25. Research shows that heavy and frequent cannabis use during this time can affect your attention span, memory and ability to learn.
Mental HeathIf you have a personal or family history of mental health issues, the use of cannabis can trigger or worsen potential or current mental health problems.
DrivingCannabis clouds your judgment and slows your reaction time. You can put yourself and your fellow community members in danger when driving impaired. It is a criminal offence in Canada to drive while impaired by alcohol or drugs—including cannabis.
If you or someone you know wants to discuss the risks of cannabis use, contact the
24/7, free and anonymous NWT Helpline at 1-800-661-0844
WHERE YOU CAN AND CANNOT SMOKE CANNABIS You can use cannabis on private property and in some public spaces.
Smoking cannabis is prohibited within 30 metres from the boundaries of the following outdoor places:• Playgrounds
• Fields, courts or rinks used for sports or other athletic activities
• Skateboard or bicycle parks
• Public parks during the duration of a public event taking place in that park
It is important to follow these rules to ensure public health and safety.
ENFORCEMENT NWT Parks For questions about smoking cannabis in NWT parks, call an NWT Parks officer in your region or visit www.nwtparks.ca.
Workplace For questions about using cannabis or impairment at work, talk to your employer or call the Workers’ Safety and Compensation Commission at 1-800-661-0792.
RentersFor questions about using, growing and storing cannabis in your rented apartment or home, talk to your landlord.
Visit www.gov.nt.ca/cannabis for more information on enforcement, legislation and
regulation of cannabis in the NWT.
ENFORCEMENT Health and Social Services Environmental Health Under the Tobacco Control Act and the Cannabis Control Act, Environmental Health Officers conduct inspections of cannabis retailers for compliance with the legislation. They also enforce many of the rules where cannabis cannot be smoked, such as in playgrounds, recreational areas and public spaces. These rules and inspections protect the health of NWT citizens and helps retailers stay within the law.
For questions about using cannabis in public spaces or health signage requirements, contact the Environmental Health Unit by emailing [email protected] or calling867-767-9066 ext. 49262. Collect calls are accepted.
RCMPRemember, you must be 19 or older to purchase or consume cannabis, the same as alcohol. Selling or giving cannabis to minors is illegal. To contact the RCMP call (867) followed by your local community prefix followed by 1111.
Community EnforcementMunicipal and community governments may create laws that further restrict cannabis in public areas. Know where you can use cannabis in your community. Contact your local municipal bylaw or community government office.
